Agreement between User and www.thecradlecoach.com

Welcome to www.thecradlecoach.com. The www.thecradlecoach.com website (the “Site”) is comprised of various web pages operated by The Cradle Coach LLC (“The Cradle Coach”). www.thecradlecoach.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.thecradlecoach.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.thecradlecoach.com is an E-Commerce Site.

The purpose of our website is to support families with improving their child’s sleep (the “Services”).

No medical advice 

The Services provided by The Cradle Coach are for informational and educational purposes only. The Cradle Coach is not a licensed physician or other medical provider and does not offer medical advice. Your use of the Services does not establish a doctor/physician-patient relationship, and the Services are not a substitute for seeking medical advice. The Services provided by The Cradle Coach have not been evaluated by the Food and Drug Administration and are not intended to treat, diagnose, cure or prevent any disease. All information contained on this site is intended for educational and informational purposes only. This information is not to be taken as medical or other health advice pertaining to a specific health or medical condition. You should always seek the advice of a qualified medical professional before implementing any of the suggestions offered through the Services. For medical advice, contact your doctor or a quailed medical professional. In the case of a medical emergency, immediately call 911. 

No representations or warranties

The Cradle Coach makes no promises, guarantees, representations or warranties, express or implied, about the Services, including but not limited to any promise, guaranty, representation or warranty about the accuracy and completeness of the Services or regarding any outcome or result following your use of the Services. The Cradle Coach is not liable or responsible for any errors or omissions in the Services. This web site and all content it contains and Services offered are provided “AS IS.” Neither The Cradle Coach nor its employees, agents, shareholders, officers or directors are liable or responsible for your use of or reliance on the Services or for any claims, losses or damages (including but not limited to tort claims, breach of contract claims and negligence claims) that arise or result from the Services or from your use or non-use of the Services. If, notwithstanding the foregoing, The Cradle Coach or its employees, agents, shareholders, officers or directors is held liable to you for any claim, loss or damage, such liability shall be limited to the amount paid by you to The Cradle Coach as consideration for the Services.

Permitted uses

The Services are offered and provided for your personal use only. You may use the Services only for non-commercial purposes. You may not sell, use, distribute or reproduce the Services, or any part thereof, for any commercial purpose. The Services and all intellectual property rights in and to the contents of the Services are the intellectual property of The Cradle Coach or its affiliates or are being used with permission by The Cradle Coach. Your license to use the contents of the Services is limited and may be terminated at any time. You may not modify the Services, or any part thereof, or include the Services, or any part thereof, in another work (printed, electronic or otherwise).

Privacy and Confidentiality

Your use of www.thecradlecoach.com is subject to The Cradle Coach Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. The Cradle Coach does not sell or share information about its visitors and clients to any third party. Information provided by you to The Cradle Coach will be maintained in confidence and not shared with any third party without your written consent. Your use of this site may be tracked or monitored (which may include the use of cookies, beacons or similar technologies), and any such information will be used by The Cradle Coach only for statistical and demographic purposes.

Forums

The Cradle Coach may make available to users of this web site, e-mail notices, newsletters, chat rooms, message boards, bulletin board services or other interactive facilities by means of this web Site (collectively, the “Forums”). The Cradle Coach cannot review all communications made on or through the web site. The Cradle Coach reserves the right, but has no obligation, to monitor the Forums and to edit, modify or delete any material which The Cradle Coach in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any The Cradle Coach policy.

Acceptable Conduct

You agree not to post any threatening or defamatory content on the web site that invades privacy, is obscene, excessively violent, discriminatory, pornographic, abusive, or violates any law or advocates illegal activity. The Cradle Coach will fully cooperate with any law enforcement authorities or court order requesting or directing The Cradle Coach to disclose the identity of user of the web site and you consent to such disclosure. You agree not to damage, disable, attack, deface, or attempt unauthorized access to this web site or server, or a third party web site or server. You agree not to transmit or post submissions to the Web Site or other users in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise), without the prior written consent of The Cradle Coach.

License for User Content

Certain Services offered through this web site accommodate or require user-supplied information, files or communication (“User Content”). Depending upon the nature of the Service, by submitting User Content to this web site you grant The Cradle Coach an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content for the purpose of delivering any Services or products, and you also agree that The Cradle Coach is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) you grant us permission to do so; (b) we first notify you that the User Content you submit to a particular part of the Web Site will be published or otherwise used with your name on it; (c) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (d) we believe it necessary in order to protect the rights of The Cradle Coach or others. 

Electronic Communications

Visiting www.thecradlecoach.com or sending emails to The Cradle Coach constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that The Cradle Coach is not responsible for third party access to your account that results from theft or misappropriation of your account. The Cradle Coach and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Links to Third Party Sites/Third Party Services

www.thecradlecoach.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of The Cradle Coach and The Cradle Coach is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Cradle Coach is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Cradle Coach of the site or any association with its operators.

Certain services made available via www.thecradlecoach.com may be delivered by third party sites and organizations. By using any product, service or functionality originating from the www.thecradlecoach.com domain, you hereby acknowledge and consent that The Cradle Coach may share such information and data with any third party with whom The Cradle Coach has a contractual relationship to provide the requested product, service or functionality on behalf of www.thecradlecoach.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.thecradlecoach.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to The Cradle Coach that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of The Cradle Coach or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Cradle Coach content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of The Cradle Coach and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Cradle Coach or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by The Cradle Coach from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use The Cradle Coach Content accessed through www.thecradlecoach.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless The Cradle Coach, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Cradle Coach reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Cradle Coach in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and The Cradle Coach agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE CRADLE COACH LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

THE CRADLE COACH LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE CRADLE COACH LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE CRADLE COACH LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE CRADLE COACH LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Governing law and jurisdiction

These terms, your use of the Services and your relationship with The Cradle Coach is governed by United States and Texas law. If any part of these terms is found to be unenforceable, then the remainder of these terms will remain in effect. Unless otherwise agreed in writing, these terms will survive the termination of your relationship with The Cradle Coach. If the arbitration requirement of these terms is held to be unenforceable, then any dispute which in any way connects to, arises from or relates to the Services must be filed and heard in the relevant courts in Bexar County, Texas or the United States District Court for the District of Texas, and both parties agree to submit to the jurisdiction of and venue in such courts.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Cradle Coach as a result of this agreement or use of the Site. The Cradle Coach performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Cradle Coach right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The Cradle Coach with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Cradle Coach with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Cradle Coach with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

The Cradle Coach reserves the right, in its sole discretion, to change the Terms under which www.thecradlecoach.com is offered. The most current version of the Terms will supersede all previous versions. The Cradle Coach encourages you to periodically review the Terms to stay informed of our updates.

Terms and conditions